{"operation":"document","citation":"CPF 420177006W","title":"WHITECAP PIPE LINE COMPANY, L.L.C. — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2017-10-20","effective_on":null,"summary":"CLOSED warning letter citing 195.402(c)(13).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420177006w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420177006w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420177006w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420177006W","body":"Warning Letter involving WHITECAP PIPE LINE COMPANY, L.L.C.. PHMSA's enforcement data identifies the cited regulation as 195.402(c)(13). The case was opened on 2017-10-20 and is reported as closed as of 2017-10-20. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420177006W_Warning Letter_10202017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420177006W/420177006W_Warning%20Letter_10202017.pdf\n\n420177006W_Warning Letter_10202017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420177006W/420177006W_Warning%20Letter_10202017_text.pdf\n\n420177006W_Warning Letter_10202017_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nOctober 20, 2017\nMr. Frank Cassulo\nPresident\nWhitecap Pipeline Company L.L.C\n1400 Smith Street\nHouston, TX 77002\nCPF 4-2017-7006W\nDear Mr. Cassulo:\nFrom May 16-19, 2017, and July 10-13, 2017, representatives of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code\n(U.S.C.) inspected your Whitecap Pipeline Company (Whitecap) procedures for operation and\nmaintenance in Houston, Texas.\nAs a result of the inspection, it is alleged that you have committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items inspected\nand the probable violation is:\n1. §195.402 Procedural manual for operations, maintenance, and emergencies.\n(c) Maintenance and normal operations. The manual required by paragraph (a) of this\nsection must include procedures for the following to provide safety during\nmaintenance and normal operations:\n(13) Periodically reviewing the work done by operator personnel to determine the\neffectiveness of the procedures used in normal operation and maintenance and taking\ncorrective action where deficiencies are found.\n\n\n\nWhitecap failed to correctly document the review of work done by personnel to determine the\neffectiveness of the procedures used in normal operation and maintenance, as required by\n§195.402(c) (13).\nDuring the Inspection, PHMSA Inspectors requested records of effectiveness review of procedures\nused in normal operation and maintenance, Whitecap provided the QAC form checklist to the\ninspectors. After reviewing the QAC form, inspectors determined that the documentation in the\nQAC form was inadequate to demonstrate that work done by operator’s personnel was reviewed\nto determine the effectiveness of the procedures used for normal operation and maintenance. The\nQAC form reviewed, in its present format only showed the covered task being performed by the\npersonnel, it did not reflect that the procedure used to complete the covered task was evaluated for\neffectiveness. Whitecap should amend the documentation of its QAC form and include more\ninformation to reflect that, work done by personnel are being evaluated to determine the\neffectiveness of procedures used in normal operation and maintenance.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$209,002 per violation per day the violation persists up to a maximum of $2,090,022 for a related\nseries of violations. We have reviewed the circumstances and supporting documents involved in\nthis case, and have decided not to conduct additional enforcement action or penalty assessment\nproceedings at this time. We advise you to correct the item identified in this letter. Failure to do\nso will result in Whitecap being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 4-2017-7006W. Be advised that all material you submit in response to this enforcement\naction is subject to being made publicly available. If you believe that any portion of your\nresponsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the\ncomplete original document you must provide a second copy of the document with the portions\nyou believe qualify for confidential treatment redacted and an explanation of why you believe the\nredacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nTerri J. Binns\nActing Director, Southwest Region\nPipeline and Hazardous Materials Safety Administration\n2","truncated":false,"body_characters":4312}